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Home My WebLink About10/08/1991 - Solid Waste Abatement Commission AGENDA SOLID WASTE ABATEMENT COIO[ISSION EAGAN, MINNESOTA EAGAN MUNICIPAL CENTER LUNCHROOM TUESDAY, OCTOBER •, 1991 5 :30 P.M. •sf Beginning at 5 o'clock, staff will sake a presentation to the Eagan City Council regarding the Eagan Enviroaental Quality Survey. While this presentation precedes our regular meeting, Solid Waste Abatement Commission members are cordially invited to attend the presentation meeting. Our regular commission meeting will follow at 5:30 in the Eagan Municipal Center lunchroom. • ** I. ROLL CALL AND ADOPTION OF AGENDA II. APPROVAL OF MINUTES III. STAFF REPORT A. WRAPP Preliminary Recommendations B. Video presentations /Anchor Tour 5 Waldorf Tour IV. OLD BUSINESS A. Backyard Compost Ordinance V. NEW BUSINESS VI. OTHER BUSINESS A. Dakota County Resource Recovery Facility Update VII. DISTRIBUTION VIII. NEXT MEETING IX. ADJOURNMENT MEMO TO: CHAIR BEIS i ALL MEMBERS OF TEE SOLID WASTE ABATEMENT COMMISSION FROM: RECYCLING COORDINATOR EAGEMAN DATE: OCTOBER 2, 1991 SUBJECT: EAGAN SOLID WASTE ABATEMENT COMMISSION MEETING OF OCTOBER 8, 1991 A regular meeting of the Eagan Solid Waste Abatement Commission will be held on Tuesday, October 8, 1991 at 5:30 p.m. in the Eagan Municipal Center Lunchroom. The City will provide refreshments. I. ROLL CALL AND ADOPTION OF AGENDA The agenda, as presented or modified, requires adoption by the Commission. II. APPROVAL OF MINUTES A copy of the minutes of the Solid Waste Abatement Commission meeting of September 10, 1991 is enclosed on pages 5 through for your review. These minutes, subject to any change, retuire approval by the Commission. III. STAFF REPORT A. WRAPP Preliminary Recommendations The waste reduction and procurement policy work group has organized a list of preliminary recommendations for waste reduction activities. This list has been reviewed by a number of departments and is receiving final review for implementation. A kick -off for the new program is scheduled for October 9th. The program will be established in stages and the group will continue monitoring activities to measure success and evaluate any problems. Enclosed on page _. $ is a list of the preliminary recommendations. This list was broken down by department for discussion purposes and will need some refining. Most of the items will be workable by all departments while some ideas need specific attention by department. B. Video Presentation Anchor Glass 8 Waldorf Corp. Tours The two short video spots have been produced for use on Eagan's local cable access channel. The two pieces currently run before City Council meetings and other public meetings. IV. OLD BUSINESS A. Backyard Composting Ordinance Staff continued working with the City Attorney's office to prepare a final version of the backyard composting ordinance. Correspondence from Sharon Hills of Severson, Wilcox & Sheldon, P.A. regarding the latest draft is included on pages A through The current draft includes language requirements discussed at regular aeeting of September 10 and also addresses the "non- compliance" issue. You will find a complete copy of the latest draft on pages R' through Although this item has been continued until February 1992, staff recommends finalizing ordinance language. If approved, the ordinance will then be presented in February and if no additional changes are needed at that time, it will be sent to the City Council for review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the draft backyard composting ordinance. V. NEW BUSINESS VI. OTHER BUSINESS A. Dakota County Resource Recovery Facility Update I have asked Commission member Terry Davis to give a short update regarding the current status of the Dakota County Resource Recovery Project. VII. DISTRIBUTION The f'llowing materials are enclosed in your packet. 1. On page y you will find a list of the preliminary recouiiendations for waste reduction activities. / 2. On pages A'� . through /9 you will find correspondence from Sha on Hill along with the latest draft of the backyard composting ordinance. VIII. NUT MEETING The next meeting of the Solid Waste Abatement Commission will be on Thursday, October 22, 1991 at 5:30 p.m. Please mark your calendars for that aeeting. IX. ADJOURNMENT MINUTES OF A MEETING OF THE SOUD WASTE ABATEMENT COMMISSION Eagan, Minnesota September 10, 1991 A regular meeting of the Eagan Solid Waste Abatement Commission was held on Tuesday, September 10, 1991 at 5:30 p.m. Present were Terry Jacobs, Craig Seim, Terry Davis, Ken !ache, Denny Selz and Floyd Hiar. Absent were Larry Knutson, Darlene Bahr and Earl Mllbridge. Also present were Recycling Coordinator Hageman, Assistant to the Cky Administrator Hohenstein and County Recycling Specialist Mike Trdan. AGENDA Due to scheduling requirements for the meeting room, the staff report kems were moved to the end of the agenda following new business. Upon motion by Davis, seconded by Ische, all members voting in favor, the agenda was approved as presented. MINUTES Upon motion by Seim, seconded by Hiar, all members voting in favor, the minutes of the August 13, 1991 meeting were approved as presented. BACK YARD COMPOSTING ORDINANCE Hageman introduced the item and reviewed the changes M the ordinance based on the commission's comments from the August meeting. Davis asked why it was important that vegetable matter be diced rather than placed in the pile whole. Hageman stated that smaller pieces promote decomposition and reduce unpleasant odors. Hiar asked If the ordinance should limit the number of containers as well as their size. He also asked if it was important to specify rat -proof containers. Hageman indicated that other coordinators had not raised ems about rats because vegetable matter tended not to attract them and meats, fats and bread products were still prohibited from compost under the ordinance. Davis stated that the City should be careful not to make an ordinance overly prescriptive in the areas of design, etc. He also asked whether it was appropriate to be specific about which materials are acceptable or rather be specific about which ones were not acceptable. Hageman stated that It is Important to be specific about both to avoid the introduction of inappropriate materials which will decompose poorly or attract animals. Jacobs asked how it would be possible to objectively define the term 'properly managed.' Hohenstein stated that one of the things that the City Attorney's office would review is the enforceability of language in the ordinance. It was also pointed out that the ordinance should match the building setbacks for all lots as well as setbacks from ponds and wetlands. Upon motion by Hiar, seconded by Seim, all members voting M favor, the back yard composting ordinance was continued indefinitely with direction to staff to make the necessary changes and target action on this item to February, 1992. 1992 DAKOTA COUNTY FUNDING APPUCATION Hageman introduced and reviewed the application and the activities k would cover. Hier raised several questions concerning materials that would be required for collection and the application budget. Concern was expressed that certain materials were identified as being added in 1992 which had not yet been adopted by Council ordinance amendment. Seim pointed out that more tonnage will be derived from mixed mail and magazines than will be added from additional plastics. Haar reiterated his concern about the need for a full-time coordinator position. Davis asked for clarification on the commercial recycling activities. Hageman pointed out that the City's commercial recycling support was limited because no funds were provided from the County for that purpose. Davis stated that at a future meeting k will be important for the commission to address and evaluate the County's commercial /industrial recycling activities and what the respective County and City roles are. 3 Upon motion by Davis, seconded by Ische, by a vote of five to one, the commission recommended that the City Council approve the submittal for consideration by Dakota County as presented. MEETING SCHEDULE CHANGE Hageman introduced the kem and reviewed the suggested options for a day and time change for future SWAC meetings. Davis stated concern for member participation over the last six months and asked how the day and time change may affect future participation. Hageman clarified the reasons for a few member absences over the last six months sine the change to the 5:30 p.m. meeting time, and acknowledged a day change would accommodate commission member Knutson but would not alleviate the time conflict wkh commission member MNbridge. Jacobs added that he would make every effort to attend the meetings whatever time or day is chosen. Selz stated interest in reviewing the policy regarding absenteeism for commission members. Selz also added that increased promotion for the meetings may increase communky participation. Upon motion by Hiar, seconded by Seim, all members voted in favor of changing to the 4th Tuesday of each month while remaining at the 5:30 - 7:00 p.m. time period for future meetings. 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'O s - . - • I o 4 • O M 40 M o O • • • p M • Y C •• 7 U 0 0 U 7 C 0 U 0. • O o t • O 1 X 4 0 • .•+ • • > • w 14 Y 44 o ' 0 0 0 u 0 9 .-1 4 U 7 • . • .. 0.. \ .4 • 0 0 a 4 0 01 1.L a 0 a a 4 43i CO 00 3.• 0 a • ■ • > • • C • • • • • • • ■.a • • • w • • • • • • 0. • • 0 • • • • ' • SEVERSON, WILCOX & SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S. SEVERSON* KENNETH R. HALL JAMES F. SHELDON Y APPLE VALLEY, MINNESOTA b5124 AL BANK BUILDING LOREN D. JOHNSTON 600 MIDWAY NATIONAL PATRICK WILCOX' MIDWAY 1 STREET LOREN M. SOLFES'I` 7300 WEST 7TH MICHAEL G. DOUGHERTY CHRISTINE M. SCOTILLO MICHAEL E. MOLENDA•• (612) 6 ANNETTE M. MARGARIT DANIEL M. SHERIDAN TELEFAX NUMBER 432 -3780 SHARON K HILLS 'ALSO LICENSED IN IOWA OF COUNSEL: **ALSO LICENSED IN WISCONSIN JOHN E. VUKELICH ...ALSO LICENSED IN NEBRASKA September 19, 1991 Kris Hageman, Recycling Coordinator City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Proposed Backyard Composting Ordinance Our File No. 206 -9898 Dear Kris: Enclosed please find a revised copy of the proposed ordinance regarding backyard composting. The revisions per your and other departments' suggestions are highlighted in your copy. Please note that the revised copy also has the "re- numbering of sections" revisions of which I informed you in a letter dated September 16, 1991. With respect to your concerns regarding the "Non- Compliance" paragraph, it is recommended that the paragraph not include a provision requiring a "warning" to the property owner, rather the City could promulgate a policy governing such procedures. In other words, the City may establish a policy whereby the property owner or occupant who violates the backyard composting ordinance will receive a warning letter requiring compliance with the ordinance and if the property owner or occupant fails to bring his /her backyard composting into compliance with the ordinance then the City may enforce the "Non - Compliance" provision. In addition, it is not necessary to incorporate a formal notice procedure into the backyard composting ordinance simply because the ordinance does not run the risk of being declared void for unconstitutional vagueness as the dog barking ordinance in City of Edina v. Dreher, 454 N.W.2d 621 (Minn. Ct. App. 1990). In preher, the Court of Appeals struck down a dog barking ordinance which prohibited keeping any animal which shall by "any noise disturb the peace and quiet of any persons in the vicinity thereof." The Court reasoned 6 that an average person of common intelligence could not determine what conduct was prohibited because what "disturbs the peace and quiet of any persons" turns on the nieghbors' level of tolerance or intolerance for barking. Conversely, the backyard composting ordinance specifically states the required size of the required enclosure, the permitted and unpermitted waste for composting, the required location of the enclosure; non - compliance with the ordinance does not turn any individuals' tastes or sensitivities. Moreover, a "formal notice" provision is not necessary because the City's action in requiring a property owner or occupant to abate a composting pile that is deemed a nuisance is not a deprivation of any interest that would require a hearing as required by the due process clause. I will again await your comments and /or suggestions. If none are received, I will assume that the proposed ordinance is being processed in accordance with the City procedures. If you have any questions please do not hesitate to contact me. Very truly yours, S 0 , WILCOX & SHELDON, P.A. on K. Hills SKH /wkt Enc. cc: Tom Hedges, City Administrator Gene VanOverbeke, City Clerk Liz Witt, Administrative Assistant } 7 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.01 REGARDING RULES & REGULATIONS RELATING TO COMPOSTING OF YARD WASTE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by adding Section 10.01, subd. 1(J) and (K), to read as follows: J. "Composting" means any above - ground microbial process that converts yard waste to organic soil amendment or mulch, excluding winter plant protection coverings less than one foot in height. K. "Kitchen ''!''':_ exclusively rinsed egg shells, coffee ground and = -_ - vegetables and fruit remains. k •- Section 2. Eagan C Code Chapter Ten is hereby amended by changing Section 10.01 .= bd. A), to read as follows: v It is •nlawful for any person to store garbage or othe ref ■e - residential dwelling premises for more than one eek. such storage shall be in water tight, metal or plasti •ntainers of not less than five gallons with tight fitting cove - .'ch shall be maintained in a clean and sanit • • • , • -vided that yard wastejl be stored in ' •ags and tree limbs mat be stored • bundles weighing no mo - than sixty pounds and no longer t►an four feet or as flitted in Section 10.01, subd. 2(E) o this chapter Section 3. Eagan City Code Chapter Ten is hereby amended by adding Section 10.01, subd. 2(E), to read as follows: E. Composting. 1. Requirements. No composting shall be permitted except in Residential R -1 Districts and Agricultural Districts upon compliance with the following requirements: a. Yard waste shall be composted within an enclosure with a minimum of three sides or circular, not to exceed a total of 100 cubic feet in volume for the residential lots of 10,000 square feet or less or 150 cubic feet for residential lots with an area of more than 10,000 square feet. The containers shall be of durable material such as wood, plastic, fiber glass, or metal fencing material; b. Only organic yard waste, sawdust, wood ash, straw, kitchen wastes which have been placed initially in the center of the compost pile, and commercially available compost ingredients to accelerate composting may be placed in the compost enclosure; c. No meat, bones, fat, oils, dairy products, food other than kitchen waste as defined in Subdivision 1(K), synthetic fibers, human or pet waste, or diseased plants shall be placed in the compost enclosure; d. Compost shall be properly maintained to minimize odor generation and to promote effective decomposition of the materials; and e. The compost enclosure shall be located behind the residential dwelling and shall not be within 30 feet of any habitable building, 30 feet of a public right -of -way, and five (5) feet of any property line. f. The compost enclosure must be located above the 100 year high water level for the closest adjacent pond. 2. Non - Compliance. Failure to comply with any of the provisions of Subd. 2(E) herein shall constitute a nuisance and the owner or occupant of the lot or tract of land on which such nuisance is located is primarily responsible for its abatement. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. )-(1 Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: /,